Legal Question in Medical Leave in Georgia

Family and Medical Leave Act (FMLA)

If you are approved leave for (FMLA) and your employment is terminated while your out for (lack of work) is this legal? Approved for leave on 04-03-08 called and made to return to work 04-07-08 to sign separation notice and turn in equipment. There had been talk of jobs being eliminated before (FMLA) leave was approved and I was last in seniority in the department.


Asked on 4/14/08, 10:36 pm

1 Answer from Attorneys
Jack Rosenberg Jack Rosenberg, Attorney at Law

Re: Family and Medical Leave Act (FMLA)

The FMLA does not immunize you from a termination due to legitimate business reasons such as a layoff. If your layoff was appropriate based on seniority and otherwise legitimate, then there is no violation of the FMLA.

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Answered on 4/15/08, 12:23 am


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